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    Plaintiffs Answer To Defendants Counterclaim

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    copyrightclerk
    This document is Plaintiff AF Holdings' answer to counterclaims filed by Defendant David Harris in response to AF Holdings' original complaint. It denies most of the allegations in Harris' counterclaims and asserts several affirmative defenses, including failure to state a claim and statute of limitations. AF Holdings requests that the court dismiss the counterclaims and award costs and fees to AF Holdings.

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    Plaintiffs Answer To Defendants Counterclaim

    Uploaded by

    copyrightclerk
    3K views4 pages
    This document is Plaintiff AF Holdings' answer to counterclaims filed by Defendant David Harris in response to AF Holdings' original complaint. It denies most of the allegations in Harris' counterclaims and asserts several affirmative defenses, including failure to state a claim and statute of limitations. AF Holdings requests that the court dismiss the counterclaims and award costs and fees to AF Holdings.

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    2:12-cv-02144 AF Holdings

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    Plaintiffs Answer to Defendants Counterclaim

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    This document is Plaintiff AF Holdings' answer to counterclaims filed by Defendant David Harris in response to AF Holdings' original complaint. It denies most of the allegations in Harris' counterclaims and asserts several affirmative defenses, including failure to state a claim and statute of limitations. AF Holdings requests that the court dismiss the counterclaims and award costs and fees to AF Holdings.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    3K views4 pages

    Plaintiffs Answer To Defendants Counterclaim

    Uploaded by

    copyrightclerk
    This document is Plaintiff AF Holdings' answer to counterclaims filed by Defendant David Harris in response to AF Holdings' original complaint. It denies most of the allegations in Harris' counterclaims and asserts several affirmative defenses, including failure to state a claim and statute of limitations. AF Holdings requests that the court dismiss the counterclaims and award costs and fees to AF Holdings.

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    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 4

    Case 2:12-cv-02144-GMS Document 17 Filed 11/21/12 Page 1 of 4

    1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

    Steven James Goodhue (#029288) Law Offices of Steven James Goodhue 9375 East Shea Blvd., Suite 100 Scottsdale, AZ 85260 Telephone: (480) 214-9500 Facsimile: (480) 214-9501 E-Mail: [email protected] Attorney for Plaintiff AF Holdings, L.L.C.

    IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

    AF HOLDINGS, L.L.C., a St. Kitts and Nevis limited liability company, Plaintiff, v. DAVID HARRIS, Defendant.

    CASE NO.: 2:12-CV-02144-PHX-GMS

    PLAINTIFFS ANSWER TO DEFENDANTS COUNTERCLAIM

    Plaintiff AF Holdings, L.L.C. (Plaintiff), through its undersigned counsel, as its Answer to Defendant David Harris (Defendant) Counterclaim, states as follows: 1. Plaintiff admits that it is a foreign corporation, but denies the remaining allegations

    contained in Paragraph 1 of Defendants Counterclaims. 2. Plaintiff admits that Plaintiffs attorney of record filed and served Plaintiffs

    Complaint upon the Defendant, but denies the remaining allegations contained in Paragraph 2 of Defendants Counterclaim. 3. Counterclaim. 1 Plaintiff denies the allegations contained in Paragraph 3 of Defendants

    Case 2:12-cv-02144-GMS Document 17 Filed 11/21/12 Page 2 of 4

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    4. Counterclaim. 5.

    Plaintiff denies the allegations contained in Paragraph 4 of Defendants

    Plaintiff lacks information sufficient to admit or deny the content of Defendants

    allegations contained in Paragraph 5 of the Counterclaim, and therefore denies the same. 6. Counterclaim. COUNT 1: MALICIOUS PROSECUTION 7. Counterclaim. 8. Paragraph 8 of Defendants Counterclaim contains legal conclusions which Plaintiff Plaintiff denies the allegations contained in Paragraph 7 of Defendants Plaintiff denies the allegations contained in Paragraph 6 of Defendants

    is not required to admit or deny. To the extent that the allegations contained in Paragraph 8 require an admission or denial, Plaintiff hereby denies the same. COUNT II: ARIZONA CONSTITUTION Article II 8 9. Plaintiff admits that it filed the instant case, but denies the remaining allegations

    contained in Paragraph 9 of Defendants Counterclaim. 10. Counterclaim. COUNT III: DEFAMATION 11. Counterclaim. COUNT IV: INFLICTION OF EMOTIONAL DISTRESS 12. Counterclaim. Plaintiff denies the allegations contained in Paragraph 12 of Defendants Plaintiff denies the allegations contained in Paragraph 11 of Defendants Plaintiff denies the allegations contained in Paragraph 10 of Defendants

    Case 2:12-cv-02144-GMS Document 17 Filed 11/21/12 Page 3 of 4

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    13.

    Any allegation set forth in Defendants Counterclaim not specifically admitted or

    denied herein, is hereby denied. AFFIRMATIVE DEFENSES Plaintiff preliminarily advances the following Affirmative Defenses: 1. Plaintiff states that Defendants Counterclaim fails to state a claim upon which relief

    can be granted. 2. Plaintiff states that the Defendant has failed to mitigate its damages, if any, as

    required by law. 3. Plaintiff states that Defendants claims are barred by virtue of the fact that it has

    failed to join an indispensable party or parties. 4. Limitations. 5. Plaintiff states that Defendants claims, as, set forth in its Counterclaim, constitutes Plaintiff states that Defendants claims are barred by the applicable Statute of

    harassment, are groundless, frivolous and are not made in good faith entitling it to sanctions against Defendant, attorney fees and costs. 6. Plaintiff also alleges that additional facts may be learned through additional discovery

    which support defenses presently available to, but unknown by, Plaintiff. Plaintiff therefore reserves the right to amend this Answer and incorporates by reference any affirmative defense set forth in Rules 8 and 12, Federal Rules of Civil Procedure, or under other applicable law. WHEREFORE, having answered Defendants Counterclaim, Plaintiff herein prays for relief as follows: A. B. C. That the Court enter judgment in Plaintiffs favor, with prejudice and on the merits; That Defendant take nothing by his claims; That Plaintiff be awarded its costs and attorneys fees incurred in responding to the 3

    Case 2:12-cv-02144-GMS Document 17 Filed 11/21/12 Page 4 of 4

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    Defendants Counterclaim; and D. proper. Dated this 21st day of November, 2012 Law Offices of Steven James Goodhue That the Court grant Plaintiff such other and further relief as is deemed just and

    6 7 8 9 10 11 12 13 14 15 16 17 18 /s/ Steven James Goodhue 19 20 21 22 23 24 25 4 I hereby certify that on November 21, 2012, I electronically filed the foregoing with the Clerk of the Court for filing and uploading to the CM-ECF system which will send notifications of such filing to all parties of record. A COPY of the foregoing was mailed (or served via electronic notification if indicated by an *) on November 21, 2012, to: David Harris* ([email protected]) 4632 East Caballero Street, #1 Mesa Arizona 85205 By: _/s/ Steven James Goodhue_________ Steven James Goodhue (#029288) 9375 East Shea Blvd., Suite 100 Scottsdale, AZ 85260 Attorney for Plaintiff AF Holdings, L.L.C.

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